Numerous bills have been proposed in Florida to reduce the number of accidents that occur while drivers are using wireless devices by increasing penalties. Distracted driving presents a serious problem across the nation. When drivers are making or taking phone calls, their minds are diverted from the crucial task of paying attention to the road, particularly unexpected hazards. If you have been hurt in the West Palm Beach area because another driver was on the phone, the car accident lawyers at Anidjar & Levine may be able to help you pursue compensation.

Holding Careless Drivers Accountable for Phone Calls Behind the Wheel

Driving a passenger car and talking on a cell phone is currently legal in Florida, even though distracted driving is a huge factor in car accidents. Many drivers talking on the phone fail to stop at stop signs, cut others off while changing lanes, or block traffic. Even though talking on the phone while driving is legal, it can be used as evidence of negligence in a personal injury lawsuit.

Federal law prohibits interstate truck drivers from using hand-held cell phones while a tractor-trailer or other commercial vehicle is moving. A driver who violates this rule may face federal civil penalties of up to $2,750 for each violation. Companies that allow their drivers to use hand-held cell phones may be penalized a maximum of $11,000. Truck drivers in Florida are prohibited from using a handheld mobile telephone while operating a commercial motor vehicle under Florida Statute 316.3025(6).

If you are injured by someone who crashes into you while talking on his cell phone, and you need to recover compensation, you will need to prove the defendant’s duty, a breach of duty, causation, and damages. If a driver is talking on the phone when an accident happens, this can be used to show a breach of duty. After a car accident, it is important to get contact information from any witnesses. They may have seen the driver talking on the phone or witnessed the driver commit a traffic infraction while on the phone. If there are no witnesses, it can be helpful to obtain the defendant’s phone records. Even if a defendant lies and says he or she was not on the phone, the phone records will reveal any phone calls or potential sources of distraction.

People who are able to prove negligence can potentially recover the full range of compensatory damages. These may include economic and noneconomic forms of compensation, such as medical bills, lost income, loss of earning capacity, household services, loss of enjoyment, and pain and suffering.

Consult a West Palm Beach Lawyer for Your Car Accident Case

West Palm Beach is the oldest municipality in the South Florida metropolitan area. The total area of the city is 58 square miles. Residents of West Palm Beach who have been involved in a crash can consult the injury attorneys at Anidjar & Levine. We may be able to help you pursue the full range of compensatory damages. We also represent clients in other cities across Palm Beach County, including Palm Beach Gardens, Boynton Beach, and Boca Raton, as well as in Fort Lauderdale and elsewhere in South Florida. Call us at 800-747-3733 or contact us via our online form for a free consultation.